Commemoration and Preservation:
An Administrative History of Big Hole National Battlefield
Laws and Executive Orders
|8. Big Hole National Monument|
|Reservation of area for military purposes, for use in protecting
monument, pursuant to Antiquities Act; Executive Order (No. 1216)|
of June 23, 1910..........
|Enlarging the area; Proclamation (No. 2339) of June 29, 1939..........
[No. 1216 June 23, 1910]
It is hereby ordered that the E½ of the NE¼ of the
SE¼ of the NW¼, sec. 24, T. 2 S., R. 17 W., Montana, containing 5 acres of
unsurveyed land, as represented upon the accompanying diagram, embracing the Big Hole,
Battlefield Monument in Beaverhead County, be, and the same is hereby, reserved for
military purposes for use in protecting said monument, in accordance with the act of
Congress approved June 8, 1906 (34 Stats., 225).
Wm. H. Taft.
The White House,
June 23, 1910.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
[No. 2339 June 29, 1939 53 Stat. 2554]
WHEREAS, the unsurveyed E½ NE¼
SE¼ NW¼ sec. 24, T. 2. S., R. 17 W., P. M., Montana, was
reserved by Executive Order No. 1216 of June 23, 1910, as the Big Hole
WHEREAS upon survey it has been found that the area
intended to be reserved by that Executive order is the five-acre tract
designated as the "Big Hole Battlefield Monument" on General Land Office
supplemental plat of the survey of sec. 24, approved July 19, 1917, and
described by metes and bounds as follows:
Beginning at a point S. 0°1' W., 5.00 chs. and N.
89°42' E., 3.00 chs. from the northwest sixteenth-section corner of
Sec. 24, T. 2 S., R. 17 W., M. P. M.; thence S. 0°2' W., 10.00 chs.;
S. 89°42' W., 5.00 chs.; N. 10 chs.; N. 89°42' E., 5.0 chs; to
point of beginning;
WHEREAS it appears that certain public lands within
the Beaverhead National Forest, adjacent to the Big Hole Battlefield
Monument, are historic landmarks, forming a part of the battle grounds
where Chief Joseph and a band of Nez Perce Indians were defeated by a
detachment of United States Soldiers;
WHEREAS certain other public lands within the
aforesaid national forest are contiguous to the said national monument
and are necessary for the proper care, management, and protection of the
historic landmarks included within the monument; and
WHEREAS it appears that it would be in the public
interest to reserve all of the aforesaid public lands as a part of the
said national monument;
NOW, THEREFORE, I, Franklin D. Roosevelt, President
of the United States of America, under and by the virtue of the
authority vested in me by the act of June 4, 1897, 30 Stat. 11, 36
(U.S.C., title 16, sec. 473), and the act of June 8, 1908, c. 3060, 34
Stat. 225 (U.S.C., title 16, sec. 431), do proclaim that the
above-mentioned Executive Order of June 23, 1910, is hereby construed in
conformity with the supplemenetal plat of survey approved July 19, 1917,
to embrace the tract described above by metes and bounds, as well as the
area erroneously reserved thereby; and that the here-inafter-described
lands are hereby excluded from the Beaverhead National Forest and,
subject to valid existing rights, added to and made a part of the said
monument, which is hereby designated as the Big Hole Battlefield
MONTANA PRINCIPAL MERIDIAN
T. 2 S., R. 17 W., sec. 24, lots 1 and 2 N½ NW¼
sec. 23, E½ NE¼ NE¼, E½ SE¼ NE¼
comprising 195 acres.
Warning is hereby expressly given to all unauthorized persons
not to appropriate, injure, destroy, or remove any feature of this monument and
not to locate or settle upon any of the lands thereof.
The Director of the National Park Service under the direction
of the Secretary of the Interior, shall have the supervision, management, and
control of the monument as provided in the act of Congress entitled, "An act to
establish a National Park Service, and for other purposes," approved August 25,
1916 (39 Stat. 535, U.S.C., title 16, sec. 1 and 2), and acts supplementary
thereto or amendatory thereof.
IN WITNESS WHEREOF I have herunto set my hand and caused the
seal of the United States to be affixed.
DONE at the City of Washington, this 29th day of June in
the year of our Lord nineteen hundred and thirty-nine, and of the Independence
of the United States of America the one hundred and sixty-third.
FRANKLIN D. ROOSEVELT
By the President:
The Secretary of the State.
1. Reorganization of Government, excerpts from Executive Order No. 6166
of June 10, 1933 (5 U.S.C. secs. 124-132).
ORGANIZATION OF EXECUTIVE AGENCIES
WHEREAS section 16 of the act of March 3, 1933 (Public, No. 428, 47
Stat. 1517), provides for reorganizations within the executive branch of
the Government; requires the President to investigate and determine what
reorganizations are necessary to effectuate the purposes of the statute;
and authorizes the President to make such reorganizations by Executive
WHEREAS I have investigated the organization of all executive and
administrative agencies of the Government and have determined that
certain regroupings. consolidations, transfers, and abolitions of
executive agencies and functions thereof are necessary to accomplish the
purposes of section 16;
NOW, THEREFORE, by virtue of the aforesaid authority, I do hereby
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* * *
SECTION 2.National Parks; Buildings, and Reservations
All functions of administration of public buildings, reservations,
national parks, national monuments, and national cemeteries are
consolidated in an Office of National Parks, Buildings, and Reservations
the Department of the Interior, at the head of which shall be a Director
of National Parks, Buildings, and Reservations; except that where deemed
desirable there may be excluded from this provision any public building
or reservation which is chiefly employed as a facility in the work of a
particular agency. This transfer and consolidation of functions shall
include, among others, those of the National Park Service of the
Department of the Interior and the National Cemeteries and Parks of the War
Department which are located within the continental limits of the United
States. National cemeteries located in foreign countries shall be
transferred to the Department of State, and those located in insular
possessions under the jurisdiction of the War Department shall be
administered by the Bureau of Insular Affairs of the War Department.
The functions of the following agencies are transferred to the
Office of National Parks, Buildings, and Reservations of the Department
of the Interior, and the agencies are abolished:
Arlington Memorial Bridge Commission
Public Buildings Commission
Public Buildings and Public Parks of the National Capital
National Memorial Commission
Rock Creek and Potomac Parkway Commission
Expenditures by the Federal Government for the purposes of the
Commission of Fine Arts, the George Rogers Clark Sesquicentennial
Commission, and the Rushmore National Commission shall be
administered by the Department of the Interior.
1 "National Park Service" was
substituted for "Office of National Parks, Buildings, and Reservations"
by Act of March 2, 1934 (48 Stat. 389), see excerpt, page 13.
* * *
* * *
SECTION 19.General Provisions
Each agency, all the functions of which are transferred to or
consolidated with another agency, is abolished.
The records pertaining to an abolished agency or a function disposed
of, disposition of which is not elsewhere herein provided for, shall be
transferred to the successor. If there be no successor agency, and such
abolished agency be within a department, said records shall be disposed
of as the head of such department may direct.
The property, facilities, equipment, and supplies employed in the
work of an abolished agency or the exercise of a function disposed of,
disposition of which is not elsewhere herein provided for, shall, to
the extent required, be transferred to the successor agency.
Other such property, facilities, equipment, and supplies shall be
transferred to the Procurement Division.
All personnel employed in connection with the work of an abolished
agency or function disposed of shall be separated from the service of
the United States, except that the head of any successor agency, subject
to my approval, may, within a period of four months after transfer or
consolidation, reappoint any of such personnel required for the work
of the successor agency without reexamination or loss of civil-service
Such portions of the unexpended balances of appropriations for any
abolished agency or function disposed of shall be transferred to the
successor agency as the Director of the Budget shall deem necessary.
Unexpended balances of appropriations for an abolished agency or
function disposed of, not so transferred by the Director of the Budget,
shall, in accordance with law, be impounded and returned to the
As used in this order
"Agency" means any commission,
independent establishment, board. bureau, division, service, or office
in the executive branch of the Government.
"Abolished agency" means any agency which is abolished,
transferred. or consolidated.
"Successor agency" means any agency to which is transferred
some other agency or function, or which results from the consolidation
of other agencies or functions.
"Function disposed of" means any function eliminated or
SECTION 22.Effective Date
In accordance with law, this order shall become effective 61 days
from its date; Provided, That in case it shall appear to the
President that the interests of economy require that any transfer,
consolidation, or elimination be delayed beyond the date this order
becomes effective, he may, in his discretion, fix a later date therefor,
and he may for like cause further defer such date from time to time.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE;
June 10, 1933.
2. Reorganization of Government, Executive Order No. 6228 of July
28, 1933, to make more explicit and to interpret Section 2 of Executive
Order No. 6166 of June 10, 1933 (5 U.S.C. secs. 124-132)
ORGANIZATION OF EXECUTIVE AGENCIES
WHEREAS executive order No. 6166 dated June 10, 1933, issued
pursuant to the authority of Section 16 of the Act of March 3, 1933 (Public
No. 42847 Stat. 1517) provides in Section 2 as follows:
"All functions of administration of public buildings,
reservations, national parks, national monuments, and national
cemeteries are consolidated in an office of National Parks, Buildings,
and Reservations in the Department of the Interior, at the head of which
shall be a Director of National Parks, Buildings, and Reservations;
except that where deemed desirable there may be excluded from this
provision any public building or reservation which is chiefly employed
as a facility in the work of a particular agency. This transfer and
consolidation of functions shall include, among others, those of the
National Park Service of the Department of the Interior and the
National Cemeteries and Parks of the War Department which are located
within the continental limits of the United States. National Cemeteries
located in foreign countries shall be transferred to the Department of
State, and those located in insular possessions under the jurisdiction
of the War Department shall be administered by the Bureau of Insular
Affairs of the War Department."
WHEREAS to facilitate and expedite the transfer and consolidation of
certain units and agencies contemplated thereby, it is desirable to make
more explicit said Section 2 of the aforesaid executive order of
June 10, 1933, insofar as the same relates to the transfer of agencies
now administered by the War Department:
NOW, THEREFORE, said executive order No. 6166, dated June 10,
1933, is hereby interpreted as follows:
1. The cemeteries and parks of the War Department transferred to the
Interior Department are as follows:
NATIONAL MILITARY PARKS
Chickamauga and Chattanooga National Military Park, Georgia and Tennessee.
Fort Donelson National Military Park, Tennessee.
Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia.
Gettysburg National Military Park., Pennsylvania.
Guilford Courthouse National Military Park, North Carolina.
Kings Mountain National Military Park, South Carolina.
Moores Creek National Military Park, North Carolina.
Petersburg National Military Park, Virginia.
Shiloh National Military Park, Tennessee.
Stones River National Military Park, Tennessee.
Vicksburg National Military Park. Mississippi.
Abraham Lincoln National Park, Kentucky.
Fort McHenry National Park, Maryland.
Antietam Battlefield, Maryland.
Brices Cross Roads, Mississippi.
Chalmette Monument and Grounds, Louisiana.
Cowpens, South Carolina.
Fort Necessity, Wharton County,2 Pennsylvania.
Kenesaw Mountain, Georgia.
White Plains, New York.
Big Hole Battlefield, Beaverhead County, Montana.
Cabrillo Monument, Ft. Rosecrans, California.
Castle Pinckney, Charleston, South Carolina.
Father Millet Cross, Fort Niagara, New York.
Fort Marion, St. Augustine, Florida.
Fort Matanzas, Florida.
Fort Pulaski, Georgia.
Meriwether Lewis, Hardin County, Tennessee.
Mound City Group, Chillicothe, Ohio.
Statue of Liberty, Fort Wood, New York.
Camp Blount Tablets, Lincoln County, Tennessee.
Kill Devil Hill Monument, Kitty Hawk, North Carolina.
New Echota Marker, Georgia.
Lee Mansion, Arlington National Cemetery, Virginia.
Battleground, District of Columbia.
Antietam, (Sharpsburg) Maryland.
Fort Donelson. (Dover) Tennessee.
Shiloh, (Pittsburg Landing) Tennessee.
Stones River, (Murfreesboro) Tennessee.
Poplar Grove, (Petersburg) Virginia.
2 Wharton Township, Fayette County.
2. Pursuant to Section 22 of said executive order it is hereby
ordered that the transfer from the War Department of national cemeteries
other than those named above be, and the same is hereby postponed until
3. Also pursuant to Section 22 of said executive order it is
hereby ordered that the transfer of national cemeteries located in
foreign countries from the War Department to the Department of State and
the transfer of those located in insular possessions under the
jurisdiction of the War Department to the Bureau of Insular Affairs of
said Department be, and the same are hereby postponed until further
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE.
July 28, 1933.
|Public Law 88-24|
May 17, 1963
To redesignate the Big Hole Battlefield National
Monument, to revise the boundaries thereof, and for other
Big Hole Battle-
53 Stat. 2544,
3 CFR, Cum.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Big Hole Battlefield National
Monument, established by Executive Order Numbered 1216 of June 23, 1910, and
enlarged by Proclamation Numbered 2339 of June 29, 1939, is hereby redesignated
as the Big Hole National Battlefield.
SEC. 2. In order to preserve historic features and sites
associated with the Battle of the Big Hole and to facilitate their administration
PUBLIC LAW 88-24 MAY 17, 1963
and interpretation, the boundaries of the Big Hole
National Battlefield are hereby revised to include the following
MONTANA PRINCIPAL MERIDIAN
Township 2 south, range 17, west: Section 13, southwest
quarter southeast quarter, southeast quarter southwest quarter, east half
southwest quarter southwest quarter; section 23, east half northeast quarter
southeast quarter; section 24, west half east half, north half southwest
quarter, southeast quarter southwest quarter, east half southwest quarter
southwest quarter; section 25, those portions of the northeast quarter
northwest quarter, and the northwest quarter northeast quarter lying north
of the north right-of-way line of relocated Montana State Route 43; consisting
of approximately 466 acres.
SEC. 3. (a) The Secretary of the Interior may acquire
by donation, purchase, exchange, or otherwise, lands and interests in lands
within the area described in section 2 of this Act.
(b) Any lands described in section 2 of this Acts that ar
a part of the Beaverhead National Forest when this Act takes effect are hereby
excluded from the forest and added to the Big Hole National Battlefield.
(c) Lands included in the Big Hole National Battlefield
pursuant to this Act shall be administered in accordance with the provisions
of the Act entitled "An Act to establish a National Park Service, and
for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-3),
as amended and supplemented.
SEC. 4. There is hereby retroceded to the State of Montana,
effective when accepted by said State in accordance with its laws, such
jusrisdiction as has been ceded by such State to the United Stats over any
lands within the boundaries of the Big Hole National Battlefield reserving
in the United States, however, concurrent legislative jurisdiction over such
SEC. 5. There are authorized to be appropriated such sums
not exceeding $20,000 as are necessary for the acquisition of lands and
interests in land pursuant to this Act.
Approved May 17, 1963.
|V. NATIONAL BATTLEFIELDS
I. Big Hole
An Act to provide for increases in
appropriation ceilings and boundary changes in certain units of the
national park system, and for other purposes. (86 Stat. 120)
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
TITLE I ACQUISITION CEILING INCREASES
SEC. 101. The limitations on appropriations for
the acquisition of lands and interests within units of the national
park system contained in the following Acts are amended as follows:
* * * * * * * * * * *
(2) Big Hole National Battlefield, Montana : section
5 of the Act of May 17, 1963 (77 Stat. 18), is amended by changing
"$20,000" to "$42,500";
* * * * * * * * * * *
Approved April 11, 1972.
Last Updated: 22-Feb-2000